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(영문) 서울중앙지방법원 2013.09.05 2013고합336

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall publish false facts about a candidate, his spouse, or lineal ascendant or descendant, or sibling disadvantageous to a candidate through a speech, newspaper, communication, poster, propaganda document, or other means, with the intention of prohibiting an election

The Defendant, as a D standing director, made a statement on December 7, 2012, “A and E Political Co., Ltd. 12 times” as the title “The result of the Ma’s 12th Political Co., Ltd.,” and the Defendant made a statement to the effect that “The fact that G candidates have conducted the F Party’s internal public opinion poll, and that G has led to the fact that G candidates have followed H in the result of the F Party’s internal public opinion poll, despite the absence of the fact that G candidates have followed H. As a result of the F Party’s internal public opinion poll. Therefore, the F Party has contracted an emergency. (E: when coverage time is reported, when the time of coverage is included) and its control and its type type type. (E: (E: transfer of the active support point) before G candidates are internal behind the G candidate’s public opinion poll at the same time, and the completion of the statement was “A candidate’s internal public opinion as the result of the public opinion poll (hereinafter referred to as the result of the public opinion poll).”

As a result, the defendant announced false facts about candidates for the purpose of preventing election.

Summary of Evidence

1. Statement to the effect that the defendant has made a statement with the same content as the facts constituting an offense in this Act;

1. Each legal statement of the witness J and K;

1. Written statements of the J;

1. Application of the Acts and subordinate statutes to L's extracts, video CDs, copies of the relevant press articles, copies of the AE's political discussions 12 times MP3 files (No. 2), and transcripts (No. 4);

1. Relevant Article 250 (2) of the Public Official Election Act and Article 250 (2) of the Election Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument: